General Conditions Section
GENERAL CONDITIONS. USERS.
Read this contract carefully. Access to, and use of, this electronic platform and/or website implies your express and unreserved acceptance of all of the terms of these conditions, having the same validity and effectiveness as any contract which is made in writing and signed. You should read these conditions carefully each time you access and use the electronic platform and/or website.
Compliance with these conditions applies to the user, a natural person of legal age, who has accessed the electronic platform. If you do not agree with the terms of these general conditions of use, do not access or use the electronic order management platform. FLUCHOS, S.L.U. does not accept liability for the potential damages that the use of the electronic platform and/or website by children under 18 years of age may cause.
The purpose of these conditions is to regulate the conditions of access, use, request and management of orders through the electronic platform that is accessible from the website www.fluchos.com (hereafter, the website) or from any other Internet address that leads to it. The website and platform belong to FLUCHOS S.L.U., a company that manufactures and distributes shoes, with CIF (TAX ID) No. B26011627 and registered address at Avda. de Quel, 72, 26580 – Arnedo (La Rioja), company registered in the Business Register of La Rioja, in Volume 480, S. 8, Folio 114, Sheet LO2181. The customer services telephone number is 941 89 92 33 and you can also contact us via the contact form on the website. Order requests through the electronic platform may be made via internet, through the website or via telephone.
CONTENT, USE AND FUNCTIONING OF THE WEBSITE
FLUCHOS, S.L.U. makes every effort to prevent any error in the contents that may appear on this website. If the user detects an error in the contents, FLUCHOS S.L.U would be grateful for any comment or suggestion regarding this error and will aim to correct it as soon as possible.
The website belonging to FLUCHOS, S.L.U. may contain links to other websites that do not belong to FLUCHOS, S.L.U. FLUCHOS, S.L.U. takes the necessary precautions when links are added to other websites, but it does not and cannot exercise direct control over the content of the linked websites or of the changes that may occur to them. It will not be held liable for the accuracy, validity or reliability of the information contained on linked websites. It is the user’s responsibility to check which organisation hosts the website, if they visit it. The mere existence of the links does not constitute or represent any type of relationship between FLUCHOS, S.L.U. and the individuals or companies that own the corresponding websites.
The website contains representative models of the FLUCHOS collections. FLUCHOS, S.L.U. may change, cancel or discontinue models without prior notice. FLUCHOS, S.L.U. does not guarantee the availability of all the models and/or products contained on the site.
The user uses the site at their own risk, peril and responsibility, and is obliged to use it diligently, solely for personal and/or private purposes and never for commercial purposes and always in line with the current legislation. In all events, FLUCHOS, S.L.U. may deny or withdraw access to the website, without the need for prior notice, to users who do not use the site appropriately. FLUCHOS, S.L.U. does not accept any liability that may arise from inappropriate use of the site. Users will be held exclusively liable for any damages caused by inappropriate use of the site, either to third parties or FLUCHOS, S.L.U.
FLUCHOS, S.L.U. will do its utmost to ensure the correct working of the website, but will not be liable for its failure to work properly as a result of accidental circumstances, such as the lack of availability due to technical issues, force majeure, necessary maintenance works or similar.
SPECIFIC CONDITIONS OF THE ELECTRONIC ORDER MANAGEMENT PLATFORM
In order to place an order through the electronic order management platform, the username and password created by the customer must be entered. The user should select the product/s, size and add them to the shopping basket. Once the user has made their “add to basket” selection, they can continue shopping or complete the purchase. Once the products have been selected, the user can go to “My basket” to view the full order and, if it is correct, choose the “Complete purchase” option. If there are any products they no longer want, they can delete them at this stage. Once the purchase is confirmed, billing and order delivery details will be collected.
The user does not need to place a minimum order. Orders are processed up until 12pm. Orders processed after that time will be dispatched the next day. Once the order has been processed, the delivery period is 24/48* hours for orders to Spain if you have placed the order on a working day (except for deliveries to the Canary Islands, Ceuta and Melilla). For orders placed in the rest of the countries in the European Union, the delivery period is between 2 and 7 working days depending on the destination country.
On Saturdays, Sundays and public holidays, there is no collection or delivery service, so this will need to be taken into account when calculating delivery dates.
* Outside special periods, sales and offers.
* If you live in the Balearic Islands, the order may take between 48 and 72 hours.
* If you live in the Canary Islands, Ceuta or Melilla, the order may take between 3 and 7 days, depending on customs formalities.
If the item of an order is out of stock, FLUCHOS S.L.U. will inform the user. Orders will be delivered to the address designated by the purchaser. FLUCHOS S.L.U. does not accept any liability when delivery cannot take place as a result of the information provided being incorrect or incomplete, or when the delivery cannot be carried out due to the recipient’s absence. Without prejudice to the above, FLUCHOS S.L.U will observe due diligence so that the delivery can take place as soon as possible to the satisfaction of the sender and the recipient. Shipping costs will be borne by FLUCHOS S.L.U for orders sent to the European Union, with the exception of orders being sent to the Canary Islands, Ceuta or Melilla, in which case, the customer will bear the cost. There is no shipping to Madeira or the Azores.
The prices displayed are the Retail Price (RP). Prices are displayed in euros and include applicable taxes. FLUCHOS S.L.U reserves the right to modify prices in line with the market. Prices and conditions displayed are valid at that time and they are only valid for the duration of the session in progress.
The customer can choose the payment method for the orders placed through the electronic platform from the following: Payment on delivery (Only valid for Spain, with the exception of the Canary Islands, Ceuta and Melilla), PayPal and Credit card
COMPLAINTS AND NONCONFORMITIES
Any defect and/or deterioration that the customer may notice in the product/s received, must be reported to FLUCHOS S.L.U. immediately or within fifteen days of receipt of the order through the Customer Service Department or through the contact form on the website.
Returns will not be accepted after the thirty days from the delivery of the order to the customer. Returns will be accepted provided that the shoes have not been worn. The cost of this return will be borne by FLUCHOS S.L.U. (except Canary Islands, Ceuta and Melilla). Returns carried out from the Canary Islands, Ceuta or Melilla will be paid for by the customer, who must pay the customs duties and corresponding costs. FLUCHOS, S.L.U. will not bear the cost of any customs and will not reimburse the return if the order does not reach its facilities. In all cases, the customer must return the item in the same condition as it was received, with all the labels intact, in perfect condition, in its original packaging and it must not have been used or damaged. If the customer does not have the original packaging, they should replace it with packaging of similar dimensions and capacity. The return must be sent from the same country that the order was made in. To make a return, the customer should go onto the website www.fluchos.com, go to the “My account” section and select the “Orders and Returns” section, where the customer will find a record of their orders and will be able to process the return. If it relates to an order sent to Ceuta, Melilla and the Canary Islands, the customer will receive an email stating that they should return the item using the delivery method of their choice.
OWNERSHIP OF THE PRODUCTS
The material will not be deemed to belong to the customer until payment has been made for the full purchase price. If full payment is not made, FLUCHOS S.L.U. is within its rights to take back possession without prior warning and regardless of any legal proceedings, and the customer undertakes not to oppose this clause of the right of ownership. The costs derived from applying the following clause, as well as the repair of damages and/or wear and tear of the material which is subject to this right, will be borne entirely by the customer.
INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The website, its contents, designs, brands, products and services are the property of FLUCHOS, S.L.U. All the industrial and/or intellectual property rights relating to them will, in all cases, belong to FLUCHOS, S.L.U., and will enjoy the broadest legal protection. As all rights are reserved, it is expressly prohibited to reproduce, distribute and publicly communicate, including any means of making available, in full or in part, the contents of this website, regardless of the purpose.
FLUCHOS, S.L.U. would be grateful to users who provide any communication relating to any breach of these industrial/intellectual property rights that they may detect.
Without prejudice to the commercial guarantee that FLUCHOS, S.L.U. may offer its customers, if they purchase products as a consumer and user, within the contract, FLUCHOS, S.L.U. will be liable for any nonconformities of the products that become apparent within two years of their delivery.
The products will be understood to be to conform to the contract, provided that (i) they meet the description of FLUCHOS, S.L.U. and possess the qualities described on the current website, (ii) they are fit for the purposes for which they are normally used (iii) they present the usual quality and features of a product of the same type that the consumer can reasonably expect.
If any of the products do not conform to the contract, the customer should notify FLUCHOS, S.L.U. within the aforementioned time period and using the same channels of communication as those established in the clause regarding “Right of Withdrawal”.
In the manufacture of its products, FLUCHOS, S.L.U. uses natural materials of the highest quality, so small deviations due to the natural characteristics of the products (such as small nuances of colour or texture) that may coexist with respect to the appearance of the products on the website, will not be understood as a non-conformity for the purposes of the application of the statutory guarantee.
These general conditions will be applied and interpreted in accordance with Spanish legislation unless expressly stated otherwise.
RIGHT OF WITHDRAWAL
SIf you purchase the products as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without the need to provide justification. The withdrawal period will begin from the day that you or a third party indicated by you, other than the carrier, takes material possession of the goods or, if they are delivered separately, from the material acquisition of the last of the items. It is sufficient for the communication relating to exercising the right of withdrawal to be sent before the stated time period expires.
In order to exercise the right of withdrawal, you should send a clear statement to this effect to FLUCHOS, S.L.U., either to the postal address Avda. de Quel, nº 72 (26580 – Arnedo, La Rioja), or through a communication sent to the email address firstname.lastname@example.org. Although its use is not compulsory, FLUCHOS, S.L.U. has provided you with a withdrawal form which appears as an Annex to these Conditions.
If you exercise the right of withdrawal we will return all the payments received, including the delivery costs, to the initial delivery address (with the exception of additional costs resulting from your choice to use a different form of delivery to the cheapest ordinary delivery that we offer), without any undue delay and, in all cases, within 14 calendar days from the date on which you inform us of your decision to withdraw from this contract. We will make the reimbursement using the same payment method used by you for the initial transaction, unless agreed otherwise. You will not incur any costs as a result of the reimbursement
Having exercised the right of withdrawal, you must return the products, without any undue delay, and in all cases within a period of 14 days. FLUCHOS S.L.U may withhold the reimbursement until it receives the goods or until you have presented proof of return of the goods, whichever is the earliest.